CALIFORNIA CIVIL LITIGATION INITIATING THE CLIENT RELATIONSHIP 2005

CALIFORNIA CIVIL LITIGATION INITIATING THE CLIENT RELATIONSHIP © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

FIRST CONTACT WITH PROSPECTIVE CLIENT Determine: ¨Any client deadlines? ¨Is case of interest to the firm? ¨Was client referred? 2

PREPARE CLIENT FOR INTERVIEW Advise client to bring: ¨Information ¨Documents ¨Pleadings 3

PREPARE FIRM FOR INTERVIEW Conflict of Interest Meritorious Competence Expertise/Interest in Case 4

CONFLICTS OF INTEREST Does attorney or paralegal have prior relationship with any adverse party? 5

FIRM’S FINANCIAL CONSIDERATIONS Compatibility with practice? Financial ability to handle case? 6

INITIAL INTERVIEW Firm: ¨Learn about the case and client ¨Build client confidence ¨Communication protected by privilege 7

INITIAL INTERVIEW Client: ¨Rapport with attorney and staff? ¨How case will be handled? ¨What case will cost? ¨Firm has expertise for the case? ¨Possible outcomes? 8

INITIAL INTERVIEW Firm: ¨Conflict of interest? ¨Rapport with client? ¨Firm ability to meet challenges of case? ¨Client ability to pay for services? 9

CLIENT COST CONSIDERATIONS Costs vs. Fees 10

Costs—out-of-pocket expenses of the case. Fees—money paid to firm for its time. 11

RULE: Unless by agreement or law, the prevailing party can recover costs but not fees. 12

FEE AGREEMENTS ¨ Hourly ¨ Contingency ¨ Fixed ¨ Combination 13

ACCEPTING NEW CLIENT ¨ Sign fee agreement ¨ Note all deadlines ¨ Get all information and documents ¨ Smooth transition with prior attorney 14

SUMMARY Interview, Fee Agreements, Substitutions PREVIEW Courts in California Jurisdiction 15